PREFACE
The twelve studies that make up this volume are among a larger group of articles on the subject written during the decade following 1982 and published between 1984 and 1993. They constitute explorations in a field of research that is still in its infancy, and as such they reflect the development of the author’s own understanding of the subject.
It should not come as a surprise therefore that in one article certain assumptions may be taken as valid while in another these very assumptions are modified if not wholly refuted. One obvious case in point is ShafiTs legacy in the evolution of legal theory during the century or so after his death. In certain articles I follow conventional wisdom in taking Shafi‘T to be the founder of the science of legal theory. In article VII, however, I challenge this thesis and argue that the image of ShafiT as the ‘master architect’ of legal theory was a much later creation. Thus, the explanation of any seeming contradiction must be sought in the chronological sequence of these studies.Nevertheless, the studies have not been arranged chronologically, but rather around themes which bestow unity on three groups of articles. The first is the group consisting of I-IV which expound the interrelated issues of legal reasoning, legal logic and the epistemology of the law. The second group, V-IX, contains articles that are all historical in nature, questioning, in one way or another, theses or assumptions widely prevalent in the field. This revisionist approach, I must add, is also characteristic of II and XII. Finally, the last three articles explore various substantive issues of legal theory, including questions of methodology.
Wherever possible, errors in diacritical marks have been corrected. It will be noted, however, that I have not attempted to add the missing macrons over long vowels at the end of Arabic names in articles I and VI.
At the time I wrote these articles, I thought such an exercise to be superfluous.It is my pleasant duty to thank the editors and original publishers of the journals for permitting the reproduction of my articles in this collection, and for their prompt response to my enquiries. I should also like to record my thanks to Dr John Smedley whose efficiency and patient cooperation ensured the smooth production of this volume. Last, but by no means least, I should acknowledge an immense and long-standing debt to Ghada Bathish-Hallaq who took a close interest in my work
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over the years. Perhaps there is not a single page in this collection that has not been affected by her perspicacious and constructive comments.
W. HALLAQ
McGill University, Montreal
February J 994
PUBLISHER’S NOTE
The articles in this volume, as in all others in the Collected Studies Series, have not been given a new, continuous pagination. In order to avoid confusion, and to facilitate their use where these same studies have been referred to elsewhere, the original pagination has been maintained wherever possible.
Each article has been given a Roman number in order of appearance, as listed in the Contents. This number is repeated on each page and quoted in the index entries.
References in the Addenda and Corrigenda are indicated with an asterisk.